3. How do you determine the transfer price of a patent?
3.1 Price determination criteria
While the assignment price is freely determined by the parties, the very nature of the patent and its possible revocation, even after grant, can make it a delicate matter to assess. However, a number of intrinsic and extrinsic criteria can be taken into account to determine the assignment price, including :
the legal status of the title in question, whether issued or still at the application stage, it being specified that the legal certainty concerning the validity of the title increases as the application undergoes more and more examinations;
the territory it protects, national, European... ;
costs, i.e. the expenses incurred to obtain...
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Bibliography
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Bibliography
Joanna Schmidt-Szalewski – Jean-Marc Mousseron (†), Répertoire de droit commercial, Brevet d'invention, Dalloz.
J. Passa, Droit de la propriété industrielle, Tome 2, L.G.D.J., 2013.
Direction Générale des Finances Publiques, ENR - Cessions de brevets d'invention, de droits de possession industrielle et de marques de fabrique, de commerce...
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